Family of Bayonne man shot and killed by the Bayonne police have filed a lawsuit against the BPD

The wife and daughter of a slain Bayonne man, who was shot by Bayonne police when a routine welfare check went awry, have filed a lawsuit against the department, claiming wrongful death and excessive force among other claims .

"This is their loved one," said Paul Garfield, the attorney representing Linda Vargas and Lisa Russell, the wife and daughter of Mariano Vargas, 62, the Bayonne man who was shot five times in his home at the trailer park on West 24th Street off Avenue A. "He was in his own home when his rights were violated."

On March 21, 2012 at about 8 p.m., while Linda Vargas, was away visiting family, she asked her sister to check on her husband because he wasn't answering the phone and she feared he wasn't taking his psychiatric medication.

After the sister and a friend knocked on the door at the West 24th Street home, but did not get a response, a call was placed to Vargas' niece, Police Officer Grace Joynt, the lawsuit says.

Joynt and another officer were also unable to get a response from Vargas, although she was able to see him through the window. They found a spare key and tried to enter through the front of his home, but Vargas locked his door each time the officers turned the key, the lawsuit says.

Several police officers, including then-Chief Robert Kubert arrived, along with an ambulance.

The lawsuit said Kubert was heard saying, "We are going to be here all night."

However, Police Officer Anthony Larwa responded, "No, this is ending now," according to the lawsuit. Officers, were then given orders to "suit up'' and at least six officers put on combat gear, the lawsuit claims.

"At this point in time, there was no indication that any other person was in the home with Mr. Vargas or that any person was in danger,'' the suit states.

Several members of the police force broke through the back of Vargas' home and within moments, "approximately five shots'' were fired, leaving Vargas dead,. the lawsuit states.

The medical examiners report showed there were three gunshot wounds to the chest, arm, and leg of Vargas.

Vargas was an employee of the Department of Public works for over 23 years.

"The police do have certain rights when there is a welfare check," said Garfield. "The family asked the police to check up on him but they didn't ask the police to dress up in riot gear and corner him like an animal and shoot him dead."